Traffic Offences

Causing Danger with Firearm

In order to maximise public safety, Australia and NSW enforce various legislative laws in place surrounding the possession and use of firearms. These laws are set out in the Firearms Act 1996 and require individual to hold a valid licence or permit and only be in possession of firearms that are registered. Failure to abide by these laws places great risk on individuals may be liable to a range of criminal charges. Failing to comply with the requirements of the Firearms Act is one thing, but dangerously using these instruments is another. In fact, the offence of causing danger with a firearm or spear gun is found under section 93G of the Crimes Act 1900 and is outlined as follows:

Any person who:

Possesses a loaded firearm or loaded spear gun:

In a public place, or

In any other place so as to endanger the life of any other person, or

Fires a firearm or spear fun in or near a public place, or

Carries or fire a firearm or spear gun in a manner likely to injure, or endanger the safety of, himself or herself or any other person or any property, or with disregard for the safety of himself or herself or any other person.

is liable to imprisonment for 10 years.

For the purposes of this section:

a firearm is to be regarded as being loaded if there is ammunition:

in its chamber or barrel, or

in any magazine or other device which is in such a position that the ammunition can be fitted into its chamber or barrel by operation of some other part of the firearm, and

a spear gun is to be regarded as being loaded if a spear, or an instrument or thing similar to a spear, is fitted to it.

A person is not guilty of an offence under this section for possessing or doing anything referred to in subsection 1 if the person satisfies the Court that he or she had a reasonable excuse for possessing it or doing it or possessed it or did it for a lawful purpose.

Should you be charged in relation to causing danger with a firearm, you will b liable to significant punishments. Therefore. it is advised to seek legal representation immediately.

PENALTIES

Individuals who are found guilty of causing danger with a firearm may find themselves liable to imprisonment of up to 10 months. However, there are many other penalties that a Court may impose, which also could be more favourable for the individual involved. While the most serious penalty is imprisonment, other penalties that the Court may find appropriate include home detention, an intensive correction order (ICO), suspended sentence, community service, good behaviour bonds or a fine.

Depending on personal circumstances, criminal history and the nature surrounding the offence, some individuals may even have their matter dealt with by the means of a section 10 dismissal. This means that the Court does not record a criminal record, and penalties are avoided altogether. The Court may however, impose various conditions on an individual and if these conditions are breached, the privilege may be revoked. For the best outcome possible, it is advised to seek legal representation from our experienced criminal defence lawyers at Benjamin Leonardo – The Defenders.

GUILTY

In order to be found guilty of causing danger with a firearm, it is up to the Police to prove the following elements beyond a reasonable doubt:

You possessed a loaded firearm or spear gun; and

You did so in a public place or another place that would endanger the life of another; or

You fired a firearm in or near a public place; or

You carried or fired a firearm in a manner that would be likely to injure or endanger the safety of yourself or another person

If the Police are able to successfully substantiate these element, it is likely you will be found guilty. Therefore, you have the option to plead guilty on your own terms. If you choose to submit a guilty plea to the Court in relation to the charges of causing danger with a firearm, your punishment may be more positive than being found guilty otherwise.

Pleading guilty often shows remorse in the eyes of the Court and as a result, it is not uncommon to see the Court enforce a less severe penalty. For example, if the circumstances surrounding the charge are not deemed serious and you have no prior criminal history, you may have the matter dealt with by a section 10 dismissal. Other penalties that the Court has the ability to impose include community service orders, fines, intensive corrective orders or home detention.

For the most accurate and honest advice, please contact our dedicated criminal defence lawyers to schedule a FREE confidential consultation.

NOT GUILTY

You also have the option to plead not guilty to the charge of causing danger with a firearm. If this is the case, the prosecution team must prove beyond reasonable doubt that you did commit the offence as per section 93G of the Crimes Act 1900. If it can be proven, it is likely that you will be convicted as per the penalties listed above.

However, at Benjamin Leonardo – The Defenders, our Sydney based criminal lawyers have achieved successful results for clients in such situations. In order to avoid conviction, our criminal defence lawyers will challenge the allegations set out against you, by arguing the following defences. If we are able to successfully do this, the Court may completely dismiss the charges in which you will no longer be penalised. It may also result in less serious penalties or be downgraded to a less significant charge which is more favourable than imprisonment.

For relevant advice in relation to whether you should plead guilty or not guilty, please do not hesitate to contact our Sydney based criminal law firm for a FREE first consultation.

THE DEFENCE

At Benjamin Leonardo – The Defenders, our Sydney based criminal lawyers may use the following legal defences to negate the prosecutions allegations.

Duress: Involves the use of detrimental threats from an unjust aggressor that has pressured the accused to participate in stalking and intimidation. Examples of such threats that may justify such behaviour could include death threats or warnings of grievous bodily harm. The accused must firmly believe that if they did not commit the offence that the the threat would have taken place.

Other: Our Sydney based criminal lawyers can also argue on your behalf, if appropriate, that there was a reasonable excuse or lawful purpose for your conduct.

WHICH COURT?

The criminal offence of causing danger with a firearm is classified as a table 2 offence in which the matter is typically dealt with in the Local Court. In some instances, either yourself of the prosecution have the ability to elect that the matter to be heard at the District Court, whereby the penalties incurred will be more severe.

At Benjamin Leonardo – The Defenders, we have extensive experience in representing clients at Local, District and Supreme Courts. Regardless of where you matter is dealt with, you can be confident that our criminal defence lawyers are highly committed, dedicated and proficient to handle your case.

If you or someone you know is facing charges of causing danger with a firearm, call our expert team now for your first consultation FREE.

Need a criminal or traffic defence lawyer in Sydney? At Benjamin Leonardo – The Defenders, we take pride in solving our client’s legal issues. With over 29 years of combined experience, Benjamin Leonardo – The Defenders, are dedicated to providing our client's with informed and effective legal advice.